| Citation(s) |
|---|
| 1995 SLG 896 1995 SLD 896 1995 CLC 11 |
Lahore High Court
Writ Petition No. 115-R of 1984, heard on 30-08-1994
TASSADUQ HUSSAIN, JILANI, J
M. Anwar Sipra for Petitioners. Talib H. Rizvi for
Respondent No. 3
Writ Petition No. 115-R of 1984, heard on 30-08-1994
TASSADUQ HUSSAIN, JILANI, J
M. Anwar Sipra for Petitioners. Talib H. Rizvi for
Respondent No. 3
ALLAUD DIN-
VS
ADDL. SETTLEMENT COMMISSIONER and 2 others
Law:
Section:
Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975)-------S. 2---Constitution of Pakistan (1973), Art. 199---Transfer of evacuee plot in favour of petitioner---Petitioner executing Agreement of Association with respondent and thereby surrendering full rights of ownership in his favour--Agreement of Association was approved by Authority and P.T.D. issued in favour of respondent in absence of petitioner---Effect---Petitioner in his application moved before Authority for setting aside P.T.D. admitted having surrendered his rights through mutual agreement---High Court in earlier round of litigation had remanded case to Authority for giving opportunity to petitioner and such opportunity was afforded to petitioner. by Authority hi post-remand proceedings---Agreement of Association executed between petitioner and respondent, factum of delivery of possession and payment of price for the plot in question, had been proved beyond any doubt---Finding of fact arrived at by forum of competent jurisdiction could not be interfered with unless same was shown to be either perverse or in derogation of law---Petitioner had not denied having signed agreement of association qua the plot in question---Petitioner's conduct to wriggle out from the agreement to which he was a signatory would not entitle him to any discretionary relief. Muhammad Juran Mondal v. A. H: Chaudhry PLD 1969'SC 516 and Tando Adam Transport v. M.B.R. PLD 1966 (W.P.) Kar. 527 rel. JUDGMENT Through this constitutional petition the petitioner has challenged the order dated 17-12-1983 of Additional Settlement- Commissioner, Faisalabad passed pursuant to an order of this Court remanding the case to him in Writ Petition No. 111-R of 1974. 2. Brief facts of the case are that Plot No. 4796 at Faisalabad was transferred to petitioner vide Deputy Settlement Commissioner's order dated 11-2-1963 in Scheme No. VI and P.T.O. No. 195411 was issued in his favour. On .3-10-1964 the petitioner executed an agreement of association with Muhammad Hussain respondent No.3 and thereby surrendered full rights of ownership in his favour. This agreement was approved by the Deputy Settlement Commissioner on 26-12-1969 in…
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